Tuesday, January 1, 2013

I have firmly believed that if there is anything that a man should concern himself with the affairs of another, then it should be with regards to seeking of justice for his fellow human beings. There is nothing altruist about this. On the contrary it is of utmost self interest of the one fighting for others justice as this is core building block for creating or maintaining a civilised society, which off-course is in the interest of every man other than the criminal himself.

It is in this context that I see the spate of recent protests, supposedly by the ordinary citizens as a matter of great pride. Regretably, it has been largely a emotion filled ranting for justice. While it does pressurise the State to act swiftly than it would have done otherwise in the specific case of the rape of a women in Delhi, does little to bring in a lasting change. Lasting change cannot be brought in by people without the necessary intellectual ammunition which I have scarcely seen being offered by anyone\anywhere. I would like to believe that if there is any body who can offer it, it is us and therefore I put forth the below for discussion\debate.

I am calling this the "Five things to be changed" only because I found these to be the most important. Changes in the constitution in itself can be all encompassing. Secondly, there can be more than 5, but this is the first five. I am not elaborating, certainly not beyond the basic outlines of each of the actions hoping to leave that to the room for discussion.

Re-write the constitution.This is the most
important of all changes required. Our constitution has given too much room for the government to digress and as a result has spread itself too thin to be able to deliver where it needs to. Moreover, like Hayek said, the kind of all encompassing socialist state that we have only results in progressively corrupting the society itself and eventually to a situation where the worst of the society comes to lead it to eventual ruin. The founding principle if
the constitution will be to enshrine the rights of man and protection of these
rights. The constitution will have to ensure that the smallest of the
minorities are protected of their rights and that their rights will not be
legislated away by the majority.

We
do not need our representatives to pass laws which then we all then need to follow.
The legislature can be completely abolished or can act a representative group
that proposes laws, which then will be approved or rejected by the people again
through direct action through national referendum. A more suitable alternative
is to ensure that the people themselves pass all new laws through national referendum.

Close
all government departments except the ones dealing with in protecting the constitutional rights and delivering Justice –
Courts, Police & the Army. Move the Government personal from the abolished departments to the courts & police etc. The government will divest all its
interests in business and solely focus on its mandate of Law & order and
Justice. The government will there fore consists of A) Judiciary B) Police and
Armed Forces and C)Administration. The reason for calling the 3rd
estate as Administration is to emphasis that it will not have any executive
functions and will act purely as an administrator within the strict oversight
of the people.

The
Chiefs of Police of each police districts and his\her deputies and the attorneys will be directly elected
by the people\residents of that district, including fixing of their
compensation and will be answerable to the people.

Taxes
will be constitutionally limited, the government will have no right or
authority to levy taxes\change the tax rates. Every citizen of the country
should be required to pay taxes, not marginal taxation and no tax exemption. Government
will be prohibited from Borrowing funds or creating any future liability on its
assets or incomes. The central bank and all such government monopolies will
have to go. The government will not pass on their rights to private hands –
essentially there will be no private or government monopolies or charters.